The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom) (Deutsche Telekom)

In its ruling in Deutsche Telekom v Commission (C-152/19 P), the European Court of Justice ("ECJ") provided guidance on the application of the Bronner case law to refusal to supply cases, as well as on the relevant facts, and on the circumstances in which an infringement of competition law can be imputed to a parent company. What you need to know ā€“ key takeaways The Bronner conditions remain the appropriate test to determine whether a refusal to provide access to infrastructure constitutes an abuse of Article 102 TFEU. However, where a dominant undertaking provides access to its infrastructure, but makes that access subject to unfair conditions, competition authorities are not required to establish that such access is indispensable to find an abuse. The ECJ also held that, for the

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  • Ashurst (London)
  • Ashurst (Brussels)

Quotation

Nigel Parr, Donald Slater, The EU Court of Justice provides guidance on the circumstances in which an infringement of competition law can be imputed to a parent company (Slovak Telekom) (Deutsche Telekom), 25 March 2021, e-Competitions Telecom & Dominance, Art. N° 99984

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